14/10/2025
Every Volume of the Journal opens with the Issue “Updates in Jurisprudence and the Law," which presents insightful analyses and reflections on the most significant legal developments of the past year. This long-standing tradition of showcasing not just contemporary but also riveting topics is articulated by Supreme Court Justice Samuel Gaerlan in his Foreword for this Issue.
In her Article entitled “Examining the Legal Obligations of Private Higher Education Institutions in the Philippines in Upholding the Right to Mental Health of Their Students,” Atty. Nina Patricia D. Sison-Arroyo underscores the right to mental health as a basic right and how existing legal frameworks provide duties and obligations for Higher Educational Institutions (HEIs) to uphold it. The Author likewise harmonizes current laws and administrative regulations, and pinpoints which gaps may need to be filled by the HEIs themselves.
The Article “Genio v. People: The Supreme Court’s First Explanation of the ‘New’ Standards in Analyzing Evidentiary Presumptions Against the Accused” by Atty. Ralph Christian P. Rosales revisits the case of Genio which provided that evidentiary presumptions must not violate the constitutional right of the accused to be presumed innocent until proven guilty. Recognizing the inconsistency between the Genio and Delim cases, the Author attempts to reconcile the two by recommending that the Delim doctrine be abandoned, and that Congress pass a law that criminalizes killings attended by malice, despite the lack of intent to kill.
Atty. Jonathan C. Jo, in his Comment “An Exception to the Exception: Recent Jurisprudence on the Application of Section 78 of the Indigenous Peoples Rights Act of 1997,” traverses through the legal implications posed by Pineda v. Pilando and Republic v. Carantes vis-á-vis the current recognition of Indigenous Peoples’ right to their ancestral domains and lands. Central to the Author’s analysis of Pineda and Carantes is Section 78 of the Indigenous Peoples Rights Act of 1997 (IPRA), which ensures the continued validity of prior land rights and titles recognized in Baguio City before the Act’s effectivity. The Author forwards alternative perspectives on the application of Section 78, oriented toward affording the protections under IPRA to the indigenous cultural communities of Baguio City.
This Issue offers incisive writings on a wide array of legal topics, including the Regalian doctrine, corporal punishment and child abuse, and store layouts in intellectual property. Collectively, these writings reflect the Journal’s enduring mission to engage with pressing legal issues and to advance meaningful discourse on the law’s role in shaping a just society.
You may access the Issue by clicking this link: https://tinyurl.com/ALJ-Issue-No-69-1.
